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Patna High Court

Subodh SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Subodh Sah, a truck driver, was arrested in connection with the seizure of 2,894.4 liters of illicit foreign liquor from his vehicle, alleged to be offences under sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that nothing was recovered from his personal possession, and that he had no prior criminal record, having been in judicial custody since 16‑02‑2026. The State opposed his regular bail, arguing the seriousness of the offence. The court noted procedural irregularities, specifically the failure to comply with Section 105 of the BNSS while preparing the seizure list, and considered the petitioner’s claim of innocence and lack of antecedents. Consequently, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Judge Excise‑I, Bhagalpur.

Issues considered

  • Whether the driver of a truck from which illicit liquor was seized is entitled to regular bail under sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.

Legislation cited

Subjects

  • regular bail
  • excise offence
  • illicit liquor
  • driver liability
  • procedural lapse
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23067 of 2026
                     Arising Out of PS. Case No.-282 Year-2026 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Subodh Sah Son of Late Rajdeo Prasad Gupta R/o- Dharamgatpur Budha
                 Ward No. 10, P.S.- Pusa, District - Samastipur.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30(a) and 47

                   of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a truck,

                   altogether 2894.400 liters of illicit foreign liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel

                   has submitted that the petitioner is merely a driver of the said

                   truck and he was unaware of the alleged consignment of liquor.

                   The witnesses of the seizure list are police personnel and police
            Patna High Court CR. MISC. No.23067 of 2026(2) dt.08-04-2026
                                                        2/2




                      has not complied Section 105 of BNSS while preparing seizure

                      list. A statement has been made in para-3 of this petition that the

                      petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 16.02.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Excise Sadar P.S. Case No. 282 of 2026 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special

                      Judge Excise-I, Bhagalpur.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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